People from all walks of life, men and women, same-sex partners,
get arrested for domestic violence. Domestic violence can be an
allegation of physical violence causing minor injuries, or just
a possibility of injury, threats, restraining order violations,
and stalking. The charges include violence against a spouse, a past
or present boyfriend or girlfriend, or family members. Batteries
involving friends, roommates,
or tenants are not charged as domestic violence and are sent to
battery is a hostile unwanted touching. Angrily yanking a persons
shirt is a battery the same as a slap or punch. Throwing something
at a person and missing, or making threatening movements, is an
assault. A slap in the face is a battery. Add a small scratch or
bruise, a bloody nose, and the offense is more serious. The D.A.
charges most cases involving serious injuries as felonies. You dont
have to actually break the law to get arrested, it is enough that
the police have probable cause to believe you committed a crime.
physical injuries count in a domestic violence case. Nobody should
never suffer any violence whatsoever at the hands of their spouse,
family member, boyfriend or girlfriend. No matter what one person
says to another person, or how heated a verbal argument, it is against
the law to respond to words with physical force. The prosecution
will seek to introduce evidence of prior domestic violence incidents
whether or not the incidents resulted in convictions. The state
legislature has created exceptions to the rules of evidence making
evidence of prior uncharged incidents of domestic violence admissible.
a domestic argument reaches the point where emotions are too high,
leaving the presence of your partner for a cooling off period is
the only thing to do. Do not leave repeated telephone messages for
a person or call them at work without their permission. Such calls
can lead to criminal prosecution. Even isolated incidents of waiting
at a place you know your partner is going to be, leaving letters
or presents for them, or following their car in your car just to
talk to them in person can result in your arrest for stalking.
happens when your partner hits you first, you grab hold of him or
her to restrain them, and when a neighbor hears the noise and calls
the police your partner has bruises from an accidental bump or where
you grabbed hold in self-defense? The police then arrest one of
you and take them to jail to end the situation. Most times the man
goes to jail. The partner who started the physical fight can rarely
say anything to the police to stop them from making the arrest.
The partner who is labeled the victim has little control over getting
the charges dropped. See Are Courts Biased?,
Invasion of Privacy.